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(영문) 수원지방법원 안양지원 2018.07.13 2018고합26
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)
Text

Defendant shall be punished by a fine of KRW 25,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who resides in the adjoining area of the victim C (a family name, leisure, 22 years of age), and the victim is a Grade II of the intellectual disability.

On April 2017, the Defendant: (a) around 10:00 and around 10:0, at the dwelling suspender of the Defendant’s dwelling located in Da, B, and B (B) 02, the Defendant detained the Defendant’s arms by hand with his defect in order to return home after seeking the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her part

Accordingly, the defendant committed an indecent act on the part of the victim with mental disability.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Each description and image of an investigation report (such as photographing, etc. inside a suspect's residence), investigation report (victim's disability ratings), and internal investigation report (the process during which a witness E becomes aware of the case);

1. Application of each Act or subordinate statute stated in a certificate of the disabled person, stenographic record, statement assistant report, and statement analysis expert opinion in the case of sexual assault against children or the disabled;

1. Relevant Article 6 (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 298 of the Criminal Act concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose information or an order to notify information, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (in such cases, the effect of preventing recidivism may be expected to a certain degree only after completing the registration of personal information and the sexual assault treatment program;

I seem to appear.

In addition, the defendant's age, family environment, the background of the crime of this case, and the disclosure and notification order are expected to have any disadvantage and side effect that the defendant will suffer.

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